Collective Labour Agreement

Transcription

1 Collective Labour Agreement between THK RHYTHM AUTOMOTIVE CANADA Limited St. Catharines, Ontario and Thompson Products Employees' Association St. Catharines, Ontario Effective: May 1, 2015 Expires: April 30,

2 PROPERTY OF Name: Address: 2 1

3 Collective Labour Agreement between THK RHYTHM AUTOMOTIVE CANADA Limited St. Catharines, Ontario and Thompson Products Employees' Association St. Catharines, Ontario Effective: May 1, 2015 Expires: April 30,

4 Collective Labour Agreement This agreement made and entered into this first day of May, 2015 between THK RHYTHM AUTOMOTIVE CANADA Limited St. Catharines, Ontario (hereinafter referred to as the Company ) Of the First Part and Thompson Products Employees' Association St. Catharines, Ontario Certified under the laws of the province of Ontario On the 25 th day of January, 1944 (hereinafter referred to as the Association ) Of the Second Part 3 3

5 TABLE OF CONTENTS Article 1 General Purpose 11 Article 2 Recognition 11 Article 3 Rights of the Association Officers and Members 12 Article 4 Rights of Management 14 Article 5 No Strikes or Lockouts 15 Article 6 Association Security 15 Article 7 Grievance Procedure 17 Step I Verbal Grievance 18 Step II 18 Step III 19 Article 8 Discharge and Discipline Cases 21 Article 9 Arbitration 22 Article 10 Seniority 24 Definition of Seniority 24 Application of Seniority 26 Qualifications 29 Notice of Layoff

6 Layoff Procedure (General) 31 (a) Definitions 32 (b) Appendix I Schedule I Employees 33 (c) Appendix II Schedule II Employees (d) Key Job Classifications 35 Displacement Procedure 39 (a) Department 39 (b) Plant-Wide 41 Recall Procedure from Displacement and Layoff 43 Seniority Lists 46 Termination of Seniority 47 Article 11 Job Vacancies 48 Application for Transfer or Returning to Work Related to Health Reasons 51 Temporary Transfers 52 Article 12 Bulletin Boards 53 Article 13 Leave of Absence 53 Educational Leave 54 Jury Duty 55 Bereavement Compensation 56 Pregnancy Leave 57 Public Office Leaves 57 Military Leave/Peacekeeping Leave 58 Article 14 Hours of Work and Overtime 58 Work Week 58 Hours of Work 59 Changes in Work Schedules

7 Overtime 61 Call Back 68 Call-in 69 Reporting Time 69 Rest Periods 71 Lunch Periods 71 Clean-up, Wash-up and Starting Times 72 Article 15 Shift Premium 72 Article 16 Wages 72 Article 17 Cost-of-Living-Allowance 73 Article 18 Standards 75 Article 19 Paid Holidays 77 First Year holiday Schedule 77 Second Year Holiday Schedule 78 Third Year Holiday Schedule 78 Paid Personal Holidays (PPH) 79 Article 20 Vacations 80 Vacation Year 82 Vacation Pay 82 Termination of Service 86 Article 21 Safety and Health 86 Article 22 Rules of the Company 87 Article 23 Long Service Bonus

8 Article 24 Pension Plan 89 Article 25 Supplemental Unemployment Insurance Plan and Guaranteed Benefit Account Plan 90 Article 26 Group Insurance 90 Retirees 96 Group Insurance Coverage While on Layoff 97 Industrial Accident 98 Article 27 Administration Group Insurance 98 Article 28 Apprenticeship 99 Qualification of an Apprentice 99 Apprenticeship Term 100 Apprenticeship Training 101 Apprenticeship Contract 101 Apprenticeship Wages 101 Apprenticeship Training in Related Subjects 102 Supervision of Apprentices 102 Certificate of Apprenticeship 102 Continuity of Employment 103 Apprenticeship Committee 104 Hours of Work 104 Related Training and Tool Allowance 105 Article 29 Other Agreements 105 Article 30 Duration of Agreement 106 Article 31 Early Retirement Option

9 Appendix I Schedule of Job Classifications and Job Rates for Schedule I - Skilled Trades 108 Appendix II Schedule of Job Classifications and Job Rates for Scheduled II - Unskilled 109 Letters of Intent and Statement of Policy Letter #1 Transfer of Work 110 Letter #2 Association Representative Time Off the Job 111 Letter #4 Terms of Discipline 114 Letter #5 Pension and SUB Plan 115 Letter #6 COLA Fold-in for Vacation 116 Letter #7 SUB and GBA Health and Medical Insurance Premiums 116 Letter #8 Contracting Out Work 117 Letter #9 Call-in for Start-up 117 Letter #10 Heat Leave Pass 118 Letter #11 Exchange of Shifts 118 Letter #12 Key Job Classifications 118 Letter #14 Safety and Health Training 120 Letter #15 Production Standard 120 Letter #16 Productivity Improvements 121 Letter #17 Return to Work from Extended Layoff 122 Letter #18 One Day Vacation 122 Letter #20 Orthopedic Safety Shoes 123 Letter #21 Doctor s Forms 123 Letter #22 Paid Lunch During Vacation 124 Letter #23 Severance Pay Plan

10 Letter #24 Retiree Life Insurance 125 Letter #25 Disability Definition for Weekly Indemnity (WI) and Extended Disability 125 Letter #26 Inspection Activities 126 Letter #27 Lift Truck Operations in Plant II 126 Letter #28 Paint Complex Technician 127 Letter #30 Precision Cold Form Technician 127 Letter #31 Extended Layoff Cycle 128 Letter #32 Heat Treat Operators 128 Letter #33 Completion of Apprenticeship 129 Letter #34 Work On Preferred Equipment (Dept. 4580) 130 Letter #35 Preference of Shift Maintenance 130 Letter #36 Lift Truck & Scooter Repairs 132 Letter #37 Job Postings 133 Letter #38 Seniority Preference 1208 & Letter #39 Paid Lunches 134 Letter #41 Overtime Eligibility (Re: Vacation) 135 Letter #42 AWOL 135 Letter #43 Industrial Millwright Apprenticeship Program 135 Letter #44 Departmental/Classification seniority for Skilled Trades 136 Letter #45 Temporary Transfer for Magnaflux Department 137 Letter #46 Back-up Position for Stockroom Attendant

11 Supplemental Agreement for Letters of Understanding Covering: Schedule II Job Classifications 140 Toolmakers and former Die Build Operators 150 Quality Control Department 152 Office Cleaner 157 Enhanced Employment Standards Act Severance 160 Recall Waiver List 161 New Employee Compensation Package 163 Continuous Run 167 Outline of Supplemental Unemployment Insurance Plan (SUB) and the Guaranteed Benefit Account Plan (GBA) 169 SUB Table 172 GBA Table

12 Article 1 General Purpose 1.01 It is the intent and purpose of the parties hereto, to promote close cooperation and maintain a constant spirit of goodwill between the employees and management by assuring the continuous, economical and profitable operations of the plants in St. Catharines, thereby enabling employees and the Company to enjoy, so far as economic conditions may permit, security and continuity of employment and to establish a basic understanding and procedure for the determination of wages, hours of work, working conditions and to provide a means for the amicable adjustments of all grievances arising there from In this agreement words importing the singular shall include the plural and vice versa where the context requires. Words importing the masculine gender shall include the feminine where the context requires By mutual agreement any of the terms and conditions in this agreement may be amended during its term in order to continually improve the competitive position of the Company. No amendments will be made unless it has prior approval of the T.P.E.A. Executive, and the Company. Article 2 Recognition 2.01 The Company recognizes the Association as the sole collective bargaining representative for all employees at its St. Catharines plants with the exception of all salaried employees

13 2.02 The terms "employee" and "employees" as used in this Agreement shall mean and include all employees represented by the Association hereunder except where the context clearly indicates a different meaning. Article 3 Rights of the Association - Officers and Members 3.01 In the temporary absence of the regular representative, the President of the Association may appoint any other representative to deal with a complaint or grievance. In such a case, the Association will notify the Production Coordinator of the department concerned The Company further agrees to recognize committees and representatives of the Association, duly named and elected by the members of the Association in its relations with the bargaining agency in all matters of negotiations and discussion of grievances as provided for by this Agreement. Meetings between Management and the Executive of the Association shall be held at any time as may be mutually agreed upon Any officer, committee member or representative of the Association on shift, after notifying his Production Coordinator, shall be permitted time away from regular duties without loss of pay as may be reasonably required for the following purposes: (a) To attend such meetings with Company representatives as are herein provided pertaining to matters relating to this Agreement

14 (b) To investigate and service grievances in accordance with the terms of the Agreement. (c) To attend any special executive meetings of the Association to a maximum of two (2) hours per week. (d) A member of the Association must obtain permission from his Production Coordinator before leaving his workstation to consult with a representative. (e) Any officer, committee member or representative shall be allowed to converse with any member of the T.P.E.A. at any time providing it does not impede or interfere with the production standard. (f) Any officer, committee member or representative shall be paid for any time if required to perform his Association duties on his off shift. (g) All time charged to the Association business during, before or after his shift shall be authorized by the President of the T.P.E.A. or his alternate and the Human Resources Manager, or his alternate, in order to receive payment. (h) In the event of any transfer of work or the opening of any new facility or operation by the 13 13

15 Company, the Company shall notify the Association of its intended action In order to preserve the continuity of this Collective Labour Agreement, the Company agrees that for the term of the Agreement, in all matters relating to layoffs, decrease of an operation, displacement and job deletion, the Executive Board of the Association, comprising of the officers and the elected representatives, shall have the highest seniority in their respective departments. In the application of such seniority to the layoff procedure in this Agreement the layoff option shall not apply. The combined total number of such officers and representatives for this purpose shall not exceed a reasonable number that shall be mutually agreed to between the Company and the Association. The Company agrees to twelve (12) officers and representatives until April 30, Effective May 1, 2016, this number of representatives will be reduced to ten (10) officers and representatives for the remainder of the term of this Agreement. Article 4 Rights of Management 4.01 The Association recognizes the Company's right to hire, retire, dismiss, transfer, promote, demote, or layoff employees. However, in all such cases of hiring, retiring, dismissal, transfers, promotions, demotions or layoffs, the employees shall have the right to appeal through the Association as provided for in the relevant Articles and in the Grievance Procedure of this Agreement Subject to the provisions of this Agreement, it is recognized and agreed that the management of the plants 14 14

16 and the direction and supervision of the employees is vested solely in the Company. Without limiting the generality of this section, the Association also recognizes and agrees that the right to maintain order, discipline and efficiency, to increase or decrease operations, to remove or install machinery or equipment, to introduce new or improved production methods and facilities, determine the quality and quantity of production, to increase or change production equipment, are vested solely in the Company. Article 5 No Strikes or Lockouts 5.01 It is hereby agreed that, during the length of this Agreement, the Association will not initiate, authorize, sanction, support or engage in any strike, work stoppage, or slowdown of work, and the Company will not lock out any employee or group of employees since this Agreement provides for the orderly and amicable settlement and adjustment of any and all disputes, differences and grievances The words "strike" and "lock out" as used herein are agreed to have the meanings defined for these words in the present Ontario Labour Relations Act. Article 6 Association Security 6.01 (a) The Company will not interfere with the rights of the employees to become members of the Association. There shall be no discrimination, interference, restraint or coercion by the Company against any employee because of his membership in the Association

17 (b) All present employees shall maintain membership in good standing in the Association during the term of this Agreement and as a condition of employment. (c) All new employees hereafter employed, upon completion of the one hundred and twenty (120) calendar days probationary period, shall become and remain members in good standing of the Association during the term of this Agreement as a condition of employment. (d) The Association agrees that all employees hereafter employed shall be eligible for and accepted as members of the Association provided that they meet the same requirements uniformly required of all employees for Association membership as a condition of employment The Company agrees to deduct from each employee's pay on the first pay day in each calendar month during the term of this agreement, the regular monthly Association dues and assessments, or an amount equivalent to them levied by the Association in accordance with its Constitution and By-Laws Each employee of the Company, upon hire shall, as a condition of employment, deposit with the Company an authorization card voluntarily signed by such employee and witnessed authorizing the Company to deduct and pay to the Association the Association dues and assessment described above or an amount equivalent to them

18 6.04 The dues and assessment so deducted will be transmitted to the President of the Association on or before the 15 th day of each and every month along with a list of employees from whom such deductions are made The Company also agrees that it shall deduct from the employees who sign an Association membership card, the amount of the initiation fees set by the Association. This deduction of initiation fees shall be made by the Company upon notification by the Association that the employee has signed an Association membership card. The initiation fees, as prescribed by the Association Constitution, shall be deducted from the employee's wages on the first pay day of the following calendar month and shall be remitted to the President of the Association on or before the 15 th day of the calendar month along with a list of the employees from whom such deductions are made It is agreed that the Company shall not be liable in any manner whatsoever for any action taken under the terms of this Article. Article 7 Grievance Procedure 7.01 In the event of a complaint by an employee who is covered by this Agreement that he has been dealt with contrary to its terms, he may take the matter up as a grievance with the Company within, and not after, fifteen (15) working days of the date of the incident giving rise to the grievance. It is fully agreed by the parties to this Agreement that the presentation of any grievance must conform to the Grievance Procedure. In all cases of grievances arising from the alleged violation of this 17 17

19 Agreement, the Company shall not be liable for damages or compensation unless the grievance has been presented within fifteen (15) working days from the date of the alleged violation The following procedure shall be adhered to in processing grievances: Step I Verbal Grievance The aggrieved employee, or group of employees, accompanied by a department representative, will take up the complaint in accordance with Article 7.01 above with the Production Coordinator of the department. The Company and the Association agree that it is the policy and desire of the parties to satisfactorily adjust all such complaints insofar as possible at this level. The Production Coordinator shall give his answer within two (2) regular working days after the day on which he received the complaint. This does not preclude the employee from discussing the complaint with the Production Coordinator without a representative being present prior to initiating a Step I verbal grievance. Step II If a satisfactory settlement is not reached at Step I, the grievance shall be entered on a grievance form to be provided by the Company, stating, whenever possible the article or articles of this agreement of which a violation is alleged and the relief sought. The grievance may then be referred by a member of the Grievance Committee or the President of the Association within five (5) working days following the date on which the decision of the Production Coordinator was given, or ought to have been given, as the case may be, to the office of the Manager of Human 18 18

20 Resources or his designate. The Plant Management Committee will convene a meeting within five (5) working days following the date on which the Manager of Human Resources received the grievance. The Plant Management Committee shall consist of four (4) members. Those in attendance for the Association shall be the Grievance Committee, the T.P.E.A. representative from the respective area and the President of the Association. The Plant Management Committee shall give its signed answer in writing within five (5) working days following the date on which the meeting was held. Step III If the grievance has not been settled after all of the steps outlined above in the Grievance procedure have been exhausted, it may, by mutual consent of the Company and the Association, be referred to mediation within, and not after, ten (10) working days following the date on which the answer of the Plant Management Committee was given, or ought to have been given, as the case may be If the grievance has not been settled after all of the steps outlined above in the Grievance Procedure have been exhausted, it may be referred to arbitration within, and not after, thirty (30) calendar days following the date on which the answer of the Plant Management Committee was given, or ought to have been given, as the case may be A grievance by an employee concerning any difference arising directly between the Company and the employee may be submitted at Step II of the Grievance Procedure. Such a "direct type" of grievance shall be in the form prescribed in Step I of the Grievance Procedure 19 19

21 and may be instituted within, and not after fifteen (15) working days of the date of the incident giving rise to the grievance. A "direct type" grievance is defined as a grievance relating to: (a) Jury Duty (b) Bereavement Pay (c) Make-up Pay (d) The Pension Plan (e) The S.U.B. Plan (f) Group Insurance (g) Displacement Procedure (h) Holiday Pay (i) Vacation Pay (j) Job Posting (k) Standards 7.05 Either the Company or the Association may institute a policy grievance at Step II of the Grievance Procedure. In the case of a Company grievance, it shall be handed to the President of the Association, or in his absence, another officer of the Association. A policy grievance shall be instituted within, and not after, fifteen (15) working days of the date of the incident giving rise to the grievance At any stage of the Grievance Procedure, either party may call in any necessary witnesses who are directly involved in the grievance. Insofar as it is practicable the Company will include the Production Coordinator directly involved with the grievance at the verbal step and at all subsequent steps of the grievance

22 7.07 It is fully agreed that if any employee or party to this Agreement fails to lodge his or its grievance within the applicable time limit as set out above, or fails to observe the other time limits for processing his or its grievance, such grievance shall not be dealt with by an Arbitration Board The Company and the Association will honour written requests for reasonable delay in processing grievances. However, should no written request for delay in answering a grievance be made by the Company and no answer be given within the specified time, the Association may, within the specified time, present the grievance at the next step. Should no written request for delay be made by the Association, and the grievance is not presented at the next step within the specified time, the grievance shall be considered to be withdrawn. All time limits specified shall be mandatory. Article 8 Discharge and Discipline Cases 8.01 (a) The Company shall inform the Association, before or immediately after, suspending an employee. Whenever possible, an Association representative shall be present where such action may be taken. An Association representative shall be present at any meeting where an employee may be disciplined, suspended or discharged. Subject to (b), no employee shall be discharged or disciplined without just cause. (b) Before an employee is discharged for just cause, he will be suspended without pay for a period not to exceed three (3) working days in order to permit time to arrange an investigation. If, as a result of the investigation, it is 21 21

23 determined that the employee should neither be discharged nor disciplined, he will be reimbursed for time lost due to the suspension (with no loss in seniority.) 8.02 In the event that an employee is discharged or suspended from employment for five (5) days or more, the matter shall be taken up at Step II of the Grievance Procedure. Such a grievance shall conform with and be subject to the provisions of Article 7.01 of the Grievance Procedure, including the time limits therein set out and shall be in the form prescribed in Step I In respect of any discharge or discipline grievance, an Arbitration Board may: (a) confirm the Company's action, (b) uphold the grievance, or (c) dispose of the grievance in any manner, which it considers just and equitable. Article 9 Arbitration 9.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established in Article 7, notify the other party in writing of his desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) days, advise the other party of the name of its appointee to the Arbitration Board. The two (2) 22 22

24 appointees so selected shall, within five (5) days of the appointment of the second of them appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Ministry of Labour for Ontario upon the request of either party The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the Arbitration Board but if there is no majority, the decision of the Chairman shall govern. Each party shall pay its own expenses and the expenses of its appointee and the parties shall share equally the expenses and fees of the Chairman The Board shall have no power to alter, amend or modify this Agreement, or to give a decision inconsistent with the terms of this Agreement At any stage of the Grievance Procedure, including arbitration, the conferring parties may have the assistance of the employee or employees directly involved and any necessary witnesses. All reasonable arrangements will be made to permit the conferring parties to have access to the plant to view disputed operations and to confer with the necessary witnesses

25 Article 10 Seniority Definition of Seniority (a) The employee will attain seniority standing after one hundred and twenty (120) calendar days within a period of twelve (12) consecutive months and will thereupon be credited with four (4) months' service and become a regular employee. Prior to the expiration of this one hundred and twenty (120) calendar day period, the employee will be considered probationary. All days absent with the exception of (c) will be added to the employee's probationary period. There will be no responsibility on the part of the Company to re-employ probationary employees who have been laid off or discharged. The Company will inform the President of the Association before discharging any probationary employees. (b) The Association shall represent all probationary employees for the purposes of collective bargaining in respect to rates of pay, wages and hours of employment pursuant to this Agreement, but the Association shall not represent probationary employees who have been laid off or discharged and who have worked sixty (60) calendar days or less in the plant since the date of the last hiring. The Association may represent probationary employees who have worked more than sixty (60) calendar days at the plant, who claim that their discharge is not for just cause; provided however, that the employee shall be deemed to have continued to be on probation

26 (c) An employee who is separated during his probationary period for an occupational disability arising out of his employment by the Company and who is subsequently reinstated shall be required to complete his probationary period, and upon doing so shall have a seniority date which includes the time he was separated due to such disability, plus one hundred (120) days. There shall be no seniority among probationary employees. (d) Students employed as vacation replacements shall be hired from April 15 to September 1. The Company may also hire five (5) students for vacation replacement from September 1 until April 15. All students must be enrolled in a certified college or university and preference will be given to the children of employees. No student shall be allowed more than two (2) terms of employment. Students will not acquire seniority rights nor be given credit toward acquiring seniority rights. (e) The Company may use up to a maximum of five (5) students for up to ninety (90) working days and a maximum of two (2) terms per student for absenteeism reasons. Preference shall be given to children of employees. The Company shall supply the Association with a list of student hires on Monday of each week, which will include the name of the student, and the absent employee being replaced along with the number 25 25

27 of days accumulated. Students shall not be hired while employees are on layoff. Application of Seniority In the case of recall, a regular employee shall be credited with all seniority during layoff on the condition that such a recall takes place within thirty-six (36) months from the date of layoff. In such a case, the employee s vacation entitlement/credits will be frozen after twelve (12) months of layoff, for the duration of this layoff option If there is insufficient work to permit regular employees to complete their eight (8) hour shift during their regularly scheduled work week because of machine breakdown or other reasons, regular employees from within the affected department will be retained on the basis of their seniority for the balance of the shift as long as they are qualified to perform the work that is available A regular employee's seniority record will be credited with any time lost because of an occupational injury, personal illness, an accident outside the Company or industrial illness which was incurred during the course of his employment with the Company equivalent to his credited seniority at the time of his injury or illness or thirty-six (36) consecutive months, whichever is greater. (Effective May 1, 1980) (a) Except in the case of a decrease in operations where the scheduled work week in the plants is less than forty (40) hours, seniority may be claimed by any employee 26 26

28 whose work week drops to thirty-two (32) hours or less, provided the probationary period has been completed and the employee is qualified to do the work. (b) Inventory. All employees will be asked to work on inventory day and guaranteed eight (8) hours time except for those employees who leave voluntarily. Inventory, if held on the weekend, will be pursuant to Article The Company does not guarantee eight (8) hours time for inventory on overtime A regular employee's seniority record will be credited with any time lost because of personal leave of absence obtained in accordance with the provisions of this Agreement up to and including thirty (30) calendar days. Any additional seniority credited to an employee who is granted a leave in excess of thirty (30) days must be mutually agreed upon between the Company and the Association (a) Any employee on salary or accepting a salary job or supervision full time, shall not be allowed to return to the bargaining unit. The Association will be notified immediately of any employee who is placed on any of the above jobs. (b) Effective May 1, 2015, no employee shall hold a job outside of the bargaining unit (excluding Temporary Supervision or Floor Contact Technician) for more than one hundred and sixty (160) working days during the term of this 27 27

29 Collective Agreement. Any employee who works past the one hundred and sixty (160) working days shall become full-time salary and shall not be allowed to return to the bargaining unit pursuant to Article (a) above. In addition, this article shall be limited to a maximum of twenty (20) employees performing temporary supervision or floor contact technician for a maximum of ninety (90) working days over the term of this Collective Agreement. Any employee accepting a job performing temporary supervision or Floor Contact Technician over the limited twenty (20) shall not be allowed the ninety (90) working days and shall automatically become full-time salary and shall not be allowed to return to the bargaining unit. The Association shall be notified each week of employees on temporary supervision, Floor contact Technician or salary. The onus is on the Company to keep track of any such days. This period may be extended by mutual consent by the President of the Association and the Company. Fire Brigade and Safety representatives shall be exempt from any of the above time restrictions. Any employee who works overtime while performing work outside of the bargaining unit shall be charged with those overtime hours in his own job classification and department including the Fire Brigade and Safety Representatives In the case of a company purchased by THK RHYTHM AUTOMOTIVE CANADA LIMITED whose employees and facilities are moved to the plants in St

30 Catharines, the employee's seniority will start at the time the employee's facilities are moved to St. Catharines. This provision may be reviewed and upon mutual consent of the Company and the Association secured at the time of purchase. Qualifications (a) As used in this Agreement, the term "qualifications" means such factors relating to job performance as: physical fitness, skill and ability, training and experience, licenses (where required), and past work record with the Company, including such items as attendance, safety, quantity and quality of work. (b) The determination of an employee's qualifications is the responsibility of the Company with the understanding that any disagreement with the Company's decision may be taken up as a grievance. (c) An employee is considered qualified for his job when he is capable of consistently producing standard quantity and quality of work in a workmanlike manner, can make necessary tool and machine adjustments, and perform the various phases of work called for by the job after a training period of not less than five (5) consecutive working days up to a maximum of twenty (20) working days. The five (5) consecutive working days minimum training period can be reduced if it 29 29

31 is mutually agreed to by the Company and the employee. Should the consecutive training period be interrupted by circumstances beyond the Company s control, such as machine breakdown, power failure, change in customer requirements, etc., the training period shall continue immediately after the above mentioned circumstances are rectified. The days of interruption shall not be included when calculating the training period. Should an interruption of training last more than two (2) working days, the employee shall be entitled to restart his training period. Should an employee not perform the job for a one (1) year period, he shall be entitled to a new training period. The training period may be reduced if mutually agreed by the employee and the Company. (d) When new or modified equipment is introduced, the appropriate training period as outlined in Article 10.09(c) will be provided to the number of employees required for the job. Notice of Layoff (a) Whenever possible, the Company will notify employees as well as the President of the Association of any contemplated layoff in a department at least one week prior to the effective date of such layoff

32 (b) Forty-eight (48) hours' notice (two full working days) will be given to probationary employees as well as regular employees prior to the starting time of their shift before a layoff. In the event that such notice is not given, then such employees shall receive two (2) days' pay in lieu of such notice. This provision will not apply with respect to layoff resulting from matters beyond the Company's control. (c) The Company will provide a list of affected job classifications and departments to the Association. (d) There shall be a joint meeting held between the President of the Association or, in the event of his absence, another officer of the Association and the Human Resources representative or in his absence another officer of the Company, before a layoff becomes effective and a list of the employees to be laid off shall be given to the Association at that time. Layoff Procedure (General) In the event that it becomes necessary to reduce the workforce in either Schedule I Appendix I or Schedule II Appendix II, probationary employees will be the first to be laid off. All regular employees will be laid off in accordance with the provisions that follow

33 Layoff Procedure All Job Classifications Schedule I Appendix I and Schedule II Appendix II (a) Definitions: (1) Affected job classification is the job classification (per Appendix I and Appendix II) in which a reduction in workforce is required. (2) Affected department is the department in which the affected job classification is located and is identified by the normal department number. In the case of Inspection department employees, the affected department shall be the affected assigned area. (3) The affected employee shall be the employee regularly employed in the affected job classification at the time the desired work force reduction is required. Employees holding jobs in the affected area through temporary transfer would be returned to their own job classification and department first or last job held through the displacement procedure according to seniority. (4) A layoff cycle for an affected job classification in an affected department shall be that period of time required for each employee to exercise a layoff option at least once or for the term of the Collective Labour Agreement, whichever occurs first. (5) For the purpose of this agreement, "comparable shall mean the employee s job classification that he owns, pursuant to Article 11 or job deletion

34 (b) Appendix I Schedule I Employees Extended Layoff (1) In the event that it becomes necessary to reduce the work force, the most senior employee in the affected job classification in the affected department shall be given the option of layoff or remaining in the affected job classification. (2) In the event that the most senior employee elects to remain in the affected job classification the next most senior employee in the affected job classification will be given the option of layoff or remaining in the affected job classification. This process shall continue until the desired work force reduction is achieved. (3) In the event that this process reaches a most junior employee in the affected job classification in the affected department, he may exercise his option to accept an extended layoff or his seniority rights in Schedule I, subject to Article 10.12(a)(5) and his qualifications. Additional provisions of the extended layoff are outlined in Letters #17 & 31. Forced Layoff: 1. In the event that this process reaches a most junior employee in the affected job classification in the affected department, he must take the layoff for no more than sixty (60) cumulative days in any consecutive twelve (12) month 33 33

35 period from the last day of his layoff in accordance with the terms of the Collective Labour Agreement. The employee may, however, elect to take another layoff within the twelve (12) month period if he so desires. 2. In the event the Company is in a hiring position, the affected employee in the affected department must exercise his displacement rights within Schedule I prior to any forced sixty (60) day layoff. Active apprentices shall be ineligible for a preferential layoff during their apprenticeship contract. c) Appendix II Schedule II Employees 1. In the event that it becomes necessary to reduce the work force, the most senior employee in the affected job classification in the affected department shall be given the option of layoff or remaining in the affected job classification. 2. In the event that the most senior employee elects to remain in the affected job classification, the next most senior employee in the affected job classification will be given the option of layoff or remaining in the affected job classification. This process shall continue until the desired work force reduction is achieved. 3. In the event that this process reaches the most junior employee in the affected job classification in the affected department and he wishes not to exercise his option to take an extended layoff, it will then become open to employees plant-wide 34 34

36 on a seniority basis subject to the provisions of the Collective Labour Agreement. 4. In the event that the Company is still unsuccessful in reducing the workforce, the junior employee in the affected job classification in the affected department will displace a junior employee subject to the provisions of the Collective Labour Agreement. (d) Key Job Classifications Displacements into Precision Cold Form Set-up Instructor or Precision Cold Form Technician will not be permitted for a consecutive period of twelve (12) months. Displacements into the other key job classifications in Appendix II will not be permitted for a period of ninety (90) consecutive calendar days due to their special training requirements. The job classifications included under this Article will include the following: Job Classification Wage Group Precision Cold Form Set-up Instructor 17 Precision Cold Form 16 Tool Proveout and Set-Up Instructor (Forge Shops) 15 Heat Treat Operator 14 Paint Complex Technician 14 Paint Complex Technician

37 Tocco Set-Up 13 Inspector I 13 Inspector II 11 Lubrication Service 10 Metalworking Fluid Technician 10 At the time an employee would normally bump into one of the above classifications, that employee will instead bump to the next job classification available to him under the displacement procedure. If ninety (90) consecutive calendar days transpires and the employee is still not recalled to his own job, that affected employee shall exercise his seniority rights at that time and bump into the applicable key job. Furthermore, if the affected employee has lost money as a result of this procedure, he will be reimbursed for all lost monies including overtime experienced over the ninety (90) consecutive work day period. There will be no liability whatsoever should the period of deferred displacement into a key job be less than a full ninety (90) consecutive calendar day period. If it is known that the displacement will equal or exceed ninety (90) consecutive calendar days, then he will be placed on the job immediately. In no event will any employee be laid off because of this deferred displacement procedure. (e) In the event that it becomes necessary to reduce the number of apprentices in the work force, the apprentice affected shall immediately displace on a seniority basis employees in Appendix II Schedule II 36 36

38 (f) pursuant to the Displacement Procedure. Laid off apprentices will receive S.U.B. benefits calculated on the basis of the current rate of the last job he performed prior to his apprenticeship. Any employee thus laid off shall remain on layoff for sixty (60) calendar days, subject to the recall provisions of the Collective Labour Agreement. Frequency of layoff could result in a reduction of an employee's pension and/or vacation credits. (g) Before the sixty (60) calendar days have expired and the employee's job classification has not opened up, he must be notified by the Human Resources department. The T.P.E.A. must also be notified by the Company in writing regarding recalls. A senior employee's job classification is considered open when junior employees remain at work in the affected job classification. (h) A layoff will be considered complete when all regular employees on layoff have been recalled. For this purpose Schedule I Appendix I employees and Schedule II Appendix II employees shall be considered separate and distinct groups. (i) An employee not electing to exercise the option to take a layoff shall not have the opportunity to exercise that option in that cycle again until all other employees in the affected job classification in the affected department have had the opportunity to exercise and complete their option in seniority sequence

39 (l) At the conclusion of a layoff cycle in an affected job classification in an affected department, junior employees not required in the affected job classification must exercise the option to remain on layoff in accordance with Article (g) above or exercise seniority in accordance with the displacement procedure. Where the employee elects to exercise seniority and the layoff is continuing, the job classification affected by such a displacement will be considered affected for layoff purposes and the provisions of the above layoff procedures shall apply. (m) An employee who is recalled from layoff to his own job classification and department, and has not completed his layoff option, may if there is a further layoff in that job classification and department within the terms of this Collective Labour Agreement, complete the remainder of his layoff option or exercise his seniority rights as per the Collective Labour Agreement. An employee who elects to exercise his seniority rights will not be given a further layoff option until the layoff cycle is complete as outlined in Article (a)(4) above. Vacation periods occurring during an employee's layoff cycle will not be counted as days laid off. Exceptions to this provision are provided in the recall provisions of the Collective Labour Agreement. (n) Employees shall communicate their preference to take the option of layoff to the Company at the beginning of each calendar month by making application to the Human Resources Department

40 When a layoff is about to take place, the following procedure will apply in all cases of extended layoff: (1) The senior employee(s) in the affected job classification and department from the list shall be permitted to exercise his option to take layoff. (2) Employees who apply for this layoff option will be permitted to refuse the option of layoff. (3) Only employees that have communicated their preference to take the option of layoff to the Company need to be asked for this layoff option. Displacement Procedure An employee displaced from his regular job classification and who elects to exercise his seniority rights pursuant to the displacement procedure and providing that he is qualified to do the work in a satisfactory manner, must exhaust all his seniority claims in the following order: (a) Department (1) An employee must exercise all seniority rights within his department before bumping on a plant-wide basis. (2) In a job classification in his own wage group within his own department, which he is qualified to perform, thus displacing the most junior employee in that job classification and wage group

41 (3) An employee exhausting seniority rights in his own wage group will displace the most junior employee in the next lower job classification provided he is qualified to perform the work. If he is unsuccessful he will continue to exercise seniority rights to displace in downward movement the most junior employee in each lower job classification until he is successful, provided he is qualified to perform the work. (4) If the affected employee reaches the lowest job classification in a department and is unsuccessful under (a) (3), he shall be permitted to exercise his seniority rights by displacing in upward movement, the most junior employee in each higher job classification until he is successful, provided he is qualified to perform the work. (5) If the affected employee is unsuccessful under (a) (4), he will be entitled to exercise the plant-wide displacement procedure. However, it is understood that employees in Schedule I will be entitled to exercise displacement rights in a higher job classification within Schedule I provided they have previously held the job through job posting. When an employee is displaced from his home department he will exercise his seniority from his job classification and wage group that he owns through job posting

42 (b) Plant-Wide (1) On a job in his own job classification on a Company-wide basis, which he is qualified to perform, thus displacing the most junior employee in the job classification. (2) On a job in his own wage group on a Companywide basis, which he is qualified to perform, thus displacing the most junior employee in the wage group. (3) An affected employee exhausting seniority rights in his own wage group will displace the most junior employee in the next lower job classification provided he is qualified to perform the work. If he is unsuccessful, he will continue to exercise seniority rights to displace in downward movement the most junior employee in each lower job classification until he is successful, provided he is qualified to perform the work. (4) If the affected employee reaches the lowest job classification in the plant and is unsuccessful under (b) (3) then he shall be permitted to exercise his seniority rights by displacing in upward movement the most junior employee in each higher job classification until he is successful, provided he is qualified to perform the work. (c) In the event of a displacement, the employee's wages will be adjusted as of the first full shift in the new job classification

43 (d) All manpower changes and allocations resulting from the displacement and recall procedures will be final after fifteen (15) working days after their effective date (a) Should a case arise in the administration of this displacement procedure where there is disagreement over an employee's qualifications, the Company and the Association have agreed that the provisions of Article (c) will apply. (b) In the event an employee is laid off contrary to the provisions of this Agreement, he may within a period not to exceed fifteen (15) working days, arrange for an investigation of his case if he so desires. If as a result of the investigation, it is determined that the employee should not have been laid off, he will be reimbursed for time lost (a) In the event that an operation or department is permanently discontinued, the employees affected will be given preference for work in other departments on comparable jobs in which their qualifications and seniority entitle them. An employee may waive this option and exercise his seniority through the displacement procedure as outlined in Article Extended layoff will not be available to employees whose job has been deleted under this Article

44 (b) In the event that an operation or department is reactivated, displaced employees shall have recall rights by virtue of their seniority if they so desire. This then becomes their home department. This option is to be extended for a maximum period of twenty-four (24) months from the date the operation or department was discontinued. If the employee has received a job through Article 11 they must remain on that job. Recall Procedure From Displacement and Layoff (1) (a) Senior employees completing a sixty (60) day layoff option or forced layoff are considered recalled on the 61 st day. However, the employee will return to work at the beginning of the first work week after the sixty (60) day layoff has expired. (b) When an employee s job classification or department opens up, the senior employee from the department on displacement will be recalled to his job classification or department. (2) When working schedules are increased, the following procedures shall be followed in recalling regular employees from displacements: (a) The following procedure in recalling regular employees in reverse order from displacement shall be followed in 43 43